“Afraid, D.H. ran away, but the defendant was able to catch up to him,” the attorney said in the complaint. At that point, Graper is accused of issuing the threat and calling the child the n-word, leaving him “shaking and upset—on the verge of tears,” the attorney wrote in the complaint. The child’s mother called the Dover Police Department when he returned home. 

“When police met with the defendant on June 1, 2021, the defendant initially could not recall the incident but then recounted how D.H. broke her child’s toy,” an attorney stated in the complaint. “The defendant denied telling D.H. that she would kneel on his neck, and instead, she recalled stating words to the effect ‘you wonder why you guys get f***ing kneeled on.’ 

“She also denied calling D.H. a n****r but later stated it was because because ‘they’ do not know how to shut their ‘n****r pie holes.’”

The kneeling remark appears to be a reference to the death of George Floyd, a Black father murdered in police custody when a white Minneapolis cop kneeled on his neck for more than nine minutes.

D.H.’s family attorney wrote in the suit:

“D.H.’s race motivated the defendant’s threat. The very nature of the defendant’s threat invoked D.H.’s race as the threat was a reference to the widely-publicized murder ofGeorge Floyd that occurred in 2020. The defendant’s use of racial slurs directed at D.H. further evidenced the racial motivation for the defendant’s threat. Additionally, the defendant’s statement to law enforcement that “they” do not know how to shut their “n****r pie holes”provides further evidence to support the racial motivation for the defendant’s threat.20. The defendant’s action constituted a violation of the Civil Rights Act, RSA 354-B:1.”

The state attorney’s office said in the release that a civil rights violation allows for a maximum civil penalty of $5,000. “The court may also enjoin further violations of the Civil Rights Act,” officials said. “The complaint and the allegations contained therein are merely accusations that the Civil Rights Unit must prove at a final hearing.”

The attorney for D.H.’s family said he has been “afraid to return to the park and will only do so when other children are there to help keep him safe.”

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